OnJuly 31, 2001 the Regional Director for the Dallas Region of
the Federal Labor Relations Authority (FLRA), issued a Complaint
and Notice of Hearing which was duly served by certified mail upon
the named Respondent. The Complaint alleged that the Department of
Veterans Affairs, Veterans Affairs Medical Center, New Orleans,
Louisiana (herein called Respondent), violated section 7116(a)(1)
and (5) of the Federal Service Labor-Management Relations Statute
(the Statute), 5 U.S.C. § 7116(a)(1) and (5), by unilaterally
implementing 12 hour shifts on Ward 4C at Respondent's New Orleans
facility without providing the National Federation of Federal
Employees, Local 1904 (herein called Union), with notice and an
opportunity to negotiate over the change to the extent required by
the Statute. A hearing was scheduled for November 28, 2001.

The Complaint specifically advised the Respondent that an answer
must be filed "no later than August 27, 2001" and that failure to
file an answer or respond to any allegation of this complaint will
constitute an admission. See 5 C.F.R. § 2423.20(b). Respondent did
not file an answer, either in person or by mail, within the
required period or at any time thereafter.

No answer was received from the Respondent nor has Respondent
acknowledged receipt of any of the above-mentioned documents.
Accordingly, Respondent has admitted all of the allegations of the
Complaint. Department of Veterans Affairs Medical Center,
Asheville, North Carolina, 51 FLRA 1572, 1594 (1996).

Since Respondent failed to answer the instant Complaint, Counsel
for the General Counsel filed a Motion for Summary Judgment on
September 6, 2001. Respondent also failed to file any response to
the General Counsel's Motion for Summary Judgment within the 5 day
time period provided for in the Regulations. See 5 C.F.R. §
2423.27(b).

In this case, Respondent has not filed an answer as required by
the Regulations. Furthermore, Respondent filed no response to the
Motion for Summary Judgment. Accordingly, there are no disputed
factual or legal issues in this case.

Consequently, it can only be found that Respondent has admitted
that it unilaterally implemented 12 hour shifts on Ward 4C without
providing the Union with notice and an opportunity to bargain over
the shift change. Thus, Respondent violated section 7116(a)(1) and
(5) of the Statute as alleged.

Secondly, Counsel for the General Counsel proposed a recommended
remedy requiring Respondent to negotiate over the impact and
implementation of the change as required by the Statute, and the
posting of an appropriate Notice to All Employees signed by the
Medical Center Director, Department of Veterans Affairs, Veterans
Affairs Medical Center, New Orleans, Louisiana. In the
circumstances of this case, it is found that the proposed remedy
does effectuate the purposes and policies of the Statute.

Accordingly, it is recommended that the Authority grant the
General Counsel's Motion for Summary Judgment, and issue the
following Order:

ORDER

Pursuant to section 2423.41(c) of the Authority's Rules and
Regulations and section 7118 of the Federal Service
Labor-Management Relations Statute, it is hereby ordered that the
Department of Veterans Affairs, Veterans Affairs Medical Center,
New Orleans, Louisiana, shall:

Cease and desist from:

(a) Unilaterally implementing 12 hour shifts on Ward 4C without
providing the National Federation of Federal Employees, Local 1904,
with notice and an opportunity to negotiate over the change to the
extent required by the Federal Service Labor-Management Relations
Statute.

(b) In any like or related manner, interfering with,
restraining, or coercing its employees in the exercise of their
rights assured by the Federal Service Labor-Management Relations
Statute.

Take the following affirmative action in order to

effectuate the purposes and policies of the Federal Service
Labor-Management Relations Statute:

(a) Upon request, negotiate with the National Federation of
Federal Employees, Local 1904, over changing 12 hour shifts on Ward
4C to the extent required by the Federal Service Labor-Management
Relations Statute.

(b) Post at the Department of Veterans Affairs, Veterans Affairs
Medical Center, New Orleans, Louisiana, where bargaining unit
employees represented by the National Federation of Federal
Employees, Local 1904, are located, copies of the attached Notice
on forms to be furnished by the Federal Labor Relations Authority.
Upon receipt of such forms, they shall be signed by the Director,
Department of Veterans Affairs, Veterans Affairs Medical Center,
New Orleans, Louisiana, and shall be posted and maintained for 60
consecutive days thereafter, in conspicuous places, including all
bulletin boards and other places where notices to employees are
customarily posted. Reasonable steps shall be taken to ensure that
such Notices are not altered, defaced, or covered by any other
material.

(c) Pursuant to section 2423.41(e) of the Authority's Rules and
Regulations, notify the Regional Director, Chicago Regional Office,
Federal Labor Relations Authority, in writing, within 30 days from
the date of this Order, as to what steps have been taken to comply
herewith.

Issued, Washington, DC, September 18, 2001.

___________________________

ELI NASH, Chief

Administrative Law Judge

NOTICE TO ALL EMPLOYEES

POSTED BY ORDER OF THE

FEDERAL LABOR RELATIONS
AUTHORITY

The Federal Labor Relations Authority has found that the Department
of Veterans Affairs, Veterans Affairs Medical Center, New Orleans,
Louisiana, violated the Federal Service Labor-Management Relations
Statute, and has ordered us to post and abide by this Notice.

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT unilaterally implement 12 hour shifts on Ward 4C
without providing the National Federation of Federal Employees,
Local 1904, the exclusive representative of bargaining unit
employees, with notice and an opportunity to negotiate over the
change to the extent required by the Federal Service
Labor-Management Relations Statute.

WE WILL NOT in any like or related manner, interfere with,
restrain, or coerce our employees in the exercise of their rights
assured by the Federal Service Labor-Management Relations
Statute.

WE WILL, upon request, provide the National Federation of
Federal Employees, Local 1904, an opportunity to negotiate over the
implementation of 12 hour shifts on Ward 4C to the extent required
by the Federal Service Labor-Management Relations Statute.

____________________________________

(Respondent/Activity)

Dated: _______________By: ____________________________________

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the
date of posting and must not be altered, defaced, or covered by any
other material.

If employees have any questions concerning this Notice or
compliance with any of its provisions, they may communicate
directly with the Regional Director, Chicago Regional Office,
Federal Labor Relations Authority, whose address is: 55 West Monroe
Street, Suite 1150, Chicago, IL 60603, and whose telephone number
is: (312)353-6306.